Agenda - Council - 01/28/2020 - Laserfiche WebLink

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This would be another condition of the HOP if approved by the City Council. History The Applicant and their attorney has stated that the business has operated onsite for approximately 37 years. The City Code has had nuisance violations outlined since the City's incorporation, prior to 37 years ago. While the Business may have been operating for some years, it has not been operating as a permitted business by the City, nor has Staff been aware of the business until 2019. Additional information from the Applicant's attorney is attached. Options Alternative 1: Approve the Home Occupation Permit (HOP) as originally requested. This would continue the operation as -is. Staff is not supportive of this alternative, as the use is quite intensive and there was significant outdoor storage. This alternative would be inconsistent with recent actions. The Planning Commission was not supportive of this action. Alternative 2: Approve an amended Home Occupation Permit (HOP) allowing bookkeeping and two (2) garbage trucks onsite. This permit would not allow any outdoor storage besides the one garbage truck parked outside, the other would need to be kept inside when onsite. The Planning Commission seemed supportive of this action at the previous meeting. Staff does have some concerns with this alternative, but believes the City can place strict conditions on the use to ensure it remains as approved. Staff would support this alternative once the site is fully in compliance with City Code. Staff would not support an HOP for the site until the items noted above that are out of compliance (e.g. inoperable vehicles, number of vehicles, parking on grass, junk items) are addressed. The attached resolution is written in favor of this alternative. The Planning Commission was split on their vote to motion for approval. Note: The Planning Commission's recommendation for the Home Occupation Permit was a split vote 3-2 but did pass to move to City Council. Minutes are attached. Funding Source: The Applicant is responsible for all costs related to this request. Recommendation: Based on Planning Commission feedback, Staff recommends approving an amended request for a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St NW. This would be a less -intensive permit than originally applied for, with book-keeping and two trucks. Note: The Planning Commission's recommendation for the Home Occupation Permit was a split vote 3-2 but did pass to move to City Council. Minutes are attached. Action: Motion adopt Resolution #20-026 approving a Home Occupation Permit for a Garbage Hauling Company at 17030 Baugh St NW. Attachments Site Location Aerial Photos July 2019 Photos December 2019 Photos Road View Photos Resolution #19-228 (Code Enforcement Procedure) Application and Letter from Attorney